UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC
The Supreme Court clarified that the observations made in this judgment shall apply prospectively.
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This column will list all the case briefs on the decisions of the Supreme Court
Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict
The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.
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‘Improper to discriminate among homogenous group’; SC directs reinstatement of Teacher whose candidature was cancelled over graduation cutoff marks
“It will be improper to discriminate inter se among a homogenous group of students admitted for the academic session 2009-10. It could not be that those students admitted in the first round of counselling would be eligible, even with less than 50% marks in graduation, while the others admitted in the subsequent rounds of counselling would not be.”
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Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements
The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
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Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers
Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
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Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC
“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
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‘Filing petition without petitioner’s knowledge is a fraud on court’; SC directs CBI probe
“There is a great sanctity attached to the proceedings conducted in the Court. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds.”
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Explained | Supreme Court decision on enforcement of Arbitral Award expressed in foreign currency
To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.
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Supreme Court directs Indian Oil Corporation to handover possession of disputed property to landowner on or before 31-03-2025
Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.
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NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
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Garbage Processing Plant | SC directs Pune Municipal Corp. to follow NEERI suggestions; Install portable compactors with hook mechanisms
In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.
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No demolition across country till Oct 1 without SC’s permission: SC directs against bulldozer action
“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”
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Chairman or any other Member acting alone, cannot authorise Search under Section 30(1) of PNDT Act: Supreme Court
Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.
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‘Determined compensation in FSI/TDR form payable even without any representation or request’: SC grants relief to landowners for surrendering lands to Municipal Corporation
“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”
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Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC
Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.
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Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
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Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC
The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
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‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
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[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case
The Delhi excise liquor policy scam involved two parallel investigations by the CBI and the ED regarding irregularities in the formulation and implementation of the excise policy of the Government of the National Capital Territory of Delhi (GNCTD) for the year 2021-2022.
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Not recording reasons in convening order for appointing junior ranked officer as Judge Advocate invalidates Court Martial proceedings: SC
The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
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